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March 11, 2024 On January 10, 2024, the U.S. Department of Labor published a final rule, effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), that was published on January 7, 2021 and replaces it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent. The misclassification of employees as independent contractors may deny workers minimum wage, overtime pay, and other protections. This final rule will reduce the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves. Read more

March 11, 2024 Attorney fees in Florida workers’ compensation cases seem to be part of a story that will never end, and a state appeals court has added new life to the story with decisions that give support to both sides of the divide. In one long-awaited ruling, the 1st District Court of Appeals struck down a compensation judge’s decision that had slashed a claimant’s lawyer’s $805,000 fee by 90%. But other opinions by the same court last week dismissed requests to bar another comp judge from future cases because of his stinging excoriation of plaintiffs’ attorneys who had accepted large fees. Claimants’ lawyers said the cases highlight an apparent trend among some comp judges to knock down large fees – in keeping with the pro-business, pro-insurance-company political winds blowing through the state. Read More

March 6, 2024 A Florida court has ruled an employee working from home who was hurt when she tripped over her dog while reaching for a coffee cup in her kitchen was not entitled to workers’ compensation benefits because her injury did not “arise” out of her employment. The Case Tammitha Valcourt-Williams, a workers’ compensation claims adjuster for Sedgwick CMS, was allowed to work from her home. According to Valcourt-Williams, after working for three hours, she went downstairs for a cappuccino. As she reached for her cup, Valcourt-Williams said she fell over one of her two dogs and injured her knee, hip and shoulder.Because she had a work-from-home arrangement and because her fall occurred during working hours, Valcourt- Williams sought workers’ compensation benefits. Sedgwick denied the claim, contending Valcourt-Williams’ injuries did not arise out of her employment. Read More

March 6, 2024 BOSTON – Psychosocial factors can hamper recovery from lower-back pain and be a stronger cost driver than some catastrophic injuries, analysts with the Workers Compensation Research Institute said Tuesday. These risk factors, which include fear of pain due to activity, negative coping, job dissatisfaction, perceived injustice and stressful work, as well as family and support system issues, can negatively affect recovery time for workers comp claimants dealing with lower back injuries, researchers said during a panel discussion at the 2024 WCRI Issues & Research Conference. Researchers found a strong association between psychosocial risk factors and a longer duration of functional recovery after physical therapy care. Read More

March 5, 2024 The time between injury and physical therapy for workers in the workers compensation system continues to stall, according to a trends report released by MedRisk LLC. Using 10 years of data on coordinated care, comp services company MedRisk examined the lag time between injury and an injured worker’s first physical therapy appointment. It found that in 2013 26.2% of injured workers in need of therapy were seen within seven days. In 2013, that time increased by two percentage points to 28.2%. The so-called “speed-to-care” timing improved 28 days post-injury, with 60.7% of patients in 2023 receiving care by that time. In 2013, 60.7% of injured workers saw a physical therapist in that time frame. MedRisk said in its report that decreasing the time for appointments would provide better outcomes for injured workers. Read More

March 3, 2024 An investigation is underway after a worker at a golf cart manufacturer in Georgia was caught in a conveyor belt and fatally injured. Multiple news reports said a contract worker, Alyssa Drinkard, age 21, had dropped one or more of her Apple AirPod earbuds. When she attempted to retrieve them, she was caught by a chain and was trapped beneath the conveyor belt at the facility in Evans, Georgia. Maintenance personnel attempted to stop the machine, but it was too late to save the woman, who died at a local hospital, the Augusta Press and other news outlets reported. Rescue workers had to cut a metal frame on the machine to extricate Drinkard, a sheriff’s report indicated. An employee of the facility said that workers had previously been cautioned to avoid wearing jewelry and headphones, the newspaper reported. Apple, the maker of AirPod earbuds, warns in its user guide that “Using AirPods in some circumstances may distract you or impact your awareness of your surroundings…Always remain aware of your environment during use. Obey applicable laws and regulations on the use of headphones and earphones while operating a moving vehicle or bicycle, heavy machinery, or in other situations requiring attention to safety.” Read More

March 1, 2024 In the quest for safer workplaces, one change is steadily gaining momentum: the transition from ladders to stairs. From warehouses to construction sites, businesses are beginning to recognize the long-term benefits of installing stairs over ladders for routine and emergency access. This shift is not only about reducing accidents but also about enhancing efficiency and ensuring compliance with safety regulations. The Risk with Ladders Ladders have been a common fixture in workplaces for providing access to elevated platforms, storage areas, and maintenance spots. However, they pose significant risks. According to safety data, falls from ladders account for a substantial number of workplace injuries and fatalities every year. The primary concerns with ladder use include: ·       Instability: Ladders can be unstable, especially when not properly secured or used on uneven ground. ·       Falls: Missteps or loss of balance can lead to falls, with potentially severe consequences. ·       Overreaching: Workers often overreach while on a ladder, leading to falls or causing the ladder to tip over. ·       Carrying Tools: Transporting tools or materials while climbing can lead to loss of balance and subsequent falls. These risks contribute to a growing consensus among safety professionals that alternatives to ladders should be sought wherever possible. Read more

March 1, 2024 A U.S. Department of Labor rule that takes effect this month may result in more contract workers being classified as employees, potentially requiring employers to provide benefits and insurance coverage such as workers compensation and possibly exposing them to employment-related lawsuits. The Employee or Independent Contractor Classification Under the Fair Labor Standards Act rule, which was finalized Jan. 10 and rescinds a Trump administration rule, covers employment classification under the FLSA, but employers worry it might have broader influence. Government officials say the rule provides a clearer analysis for employers to use to determine a worker’s employment status. It re-adopts an enhanced economic realities test for worker classification that was in effect under an Obama administration rule. The new rule contains a six-factor test to guide employers in determining a worker’s employment status under the FLSA (see box), whereas the Trump administration rule had a two-factor test. Read More

March 1, 2024 Post-traumatic stress disorder is a commonly misunderstood mental illness that is increasingly a component of workers compensation claims, raising concerns over how to navigate and close the often complex claims. Mental health experts say that adherence to guidelines for the diagnosis and treatment of PTSD is essential when treating affected workers. “The prognosis for well-treated PTSD is actually quite good,” said Les Kertay, Chattanooga, Tennessee-based behavioral health medical director for Genex Services, an Enlyte LLC company. “People tend to recover.” State lawmakers have repeatedly sought to expand or introduce presumption laws that would make PTSD a compensable illness for some occupations allowing for more so-called mental-mental claims, or mental claims that result from a psychological event. The push to expand workers comp into the mental health arena has mostly related to first responders, but there’s a growing interest in broadening eligibility for all workers. Read More